Legal Question in Criminal Law in California

Hi, I just have a quick simple question. I was sentenced today to serve 79 days in jail "straight time". I opted to serve because I had no choice and my public defender told me id only be serving half. The courts gave me time to surrender, but I'm looking over my papers now and it says 79 days straight time although my PD said 39 days max? I have no priors or additional cases, did I miss something during court, the judge was in a hurry and didn't say much. So is it 79 days but I serve half? And if it is, why does it still say 79 days on the paper I signed? Thank you so much for your time

Asked on 5/24/13, 12:39 pm

2 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

A judge has the ability to supersede many different penalties on the books. Judges have a lot of power. For an example, I just had a client that had a DUI and the judge TRUMPED the ordinary sentence imposed for this particular offense.

A judge can impose higher penalties if they wish and the Police Department has no power over a judge.

Just my opinion and if there are more facts to the case that you are not telling us, that is why you will probably do the 79 days.

Sorry about that. You really need a LAWYER. A lawyer could have worked this out for you.

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Answered on 5/25/13, 7:52 am

Terry A. Nelson Nelson & Lawless


After you enter your plea, then you want to ask what it means??

Ask your attorney, the PD, who is the only one that can answer your question or help you.

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Answered on 5/27/13, 11:36 am

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